In today’s competitive environment, businesses collect, process, and store important confidential and proprietary information about their customers, clients, vendors, and employees. The possession, handling, and security of that information occur in an increasingly complex legal environment for businesses and the individuals whose data is at stake.
First, as recent headlines consistently remind us, cyber-crime and data breaches are occurring at an increasing rate – giving rise to potential liability for businesses that have failed to take adequate steps to protect their information. As the frequency of those breaches has increased, costs to companies impacted by them have, likewise, grown; up nearly 10 percent in terms of cost per record from 2013 to 2014. Those costs include out-of-pocket expenses (including those to repair the breach, to notify affected individuals, and to settle claims), loss of business reputation, and future business loss as fallout from breach events.
Second, with the rise of concerns over the privacy of information, state and federal legislators and regulators have enacted increasingly complex legislation and regulations that govern businesses’ responsibility for confidential personal information. These rules and laws cross diverse industries and create new business obligations for the treatment and protection of information.
Gallagher & Kennedy’s multidisciplinary data privacy and security attorneys can assist businesses in navigating their way through these uncertain waters. We have experience advising clients regarding the various common law and legislative privacy obligations they face in multiple industries. We assist clients with both front-end protection of their information and back-end response should they experience a security event.
Our team assists clients throughout the life cycle of data collection, storage, use, disclosure, sharing, and timely destruction, including:
We also advise clients in various industries on their obligations concerning the privacy and protection of information in the constantly-shifting landscape of state and federal legislation and regulation, including:
Despite even the best precautions and diligence, data security events do still happen. A company’s post-breach response should be timely and strategic to minimize potential liability while, at the same time, maximizing the opportunity to recover from the breach. When a breach does occur, Gallagher & Kennedy counsels and defends clients through the response, including:
As every breach is unique, Gallagher & Kennedy provides a focused, efficient response tailored to each event’s specific circumstances. The answer must be swift but also measured by the risks and obligations of the particular activity.